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MILLBROOK HUNT, INC. v. SMITH

233 A.D.2d 484 (1996)

650 N.Y.S.2d 981

Millbrook Hunt, Inc., Respondent, v. Edgar O. Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1996

Ordered that the order is affirmed, with costs.

The defendant's contention that the subject lease and easement agreement actually did not create an easement but a revocable license is offered for the first time on appeal, and as such, this Court declines to reach it (see, Cibro Petroleum Prods. v Chu, 67 N.Y.2d 806, 809; Geigy v PL Apt. Corp., 228 A.D.2d 644).

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